With limited exceptions, once you are separated, you are generally free to date anyone who wants to date you with one big exception. Call or click below to fill out our Request Form , Fine & Associates If you are the primary breadwinner in your home, you should prepare to pay some support. (615) 880-6760. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. If you have questions about divorce, custody, or being pregnant in the middle of the divorce, contact one of our experienced family lawyers at Karp & Iancu, S.C. today. Over the years, their reason for staying married has evolved, she told Insider. Call Us Today: (919) 870-0466 Call Now You do not have to file a legal document to begin a separation, although some people prefer to do so. Website. The husband by law, is presumed to be the biological father of the child. She is on my insurance still thru work. Dozier Miller Law Group We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this? There is a presumption that if a child is born during a marriage, the husband is the father. A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct. The evidence can be used to corroborate the pre-separation adultery. file Married, Filing Jointly this one last time. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce. The Affordable Care Act was a comprehensive health care reform law that went into effect in March 2010. In addition to paying attorneys fees, you will be required to compensate your husband. 891.39 Presumption as to whether a child is marital or non-marital; self-crimination; birth certificates. Until your divorce is final, you are legally married to your husband even if you have separated for a while. That would preclude the third party from having themselves established as being the biological father of a child to a woman who was married at the time. Bear in mind that the expenses attached to infidelity may be considered especially if you spent a lot of money on your new partner. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. 704-372-6373 Abandonment requires moving out of the home without your spouses consent, without justification and with the intent to end cohabitation. Angelas situation is not as unusual as it might seem. Kenosha, WI 53140, 1433 N. Water St., Suite 428 Otherwise if you end up duking it out in Court, all you are really doing is paying strangers often quite a bit of money to make decisions for you that you and your spouse could have made yourselves for free. claim the exemption. He or she will explain the legal ramifications of getting pregnant during the divorce proceedings. Consumers: Ask Lawyers Questions and Get Answers for Free! There is presumption that the husband is the father. For more information, please see our Proof of adultery may affect alimony and child custody. You have a separation agreement or court order that prohibits introducing dating partners to your children for a specified time period; If you had an affair, establishing a dating relationship with your affair partner can be used to support acts that occurred prior to the date of separation in an. Type the letters you see into the box below. Youre very likely going to be responsible for some spousal support plus child support if you have minor children. if only to avoid the complications that arise when two people claim the same If you find yourself facing a complicated family law matter and need the help of experienced family-law attorneys, speak with our detail-oriented and well-versed lawyers in or around Charlotte, Lake Norman, or at our new office in Monroe, please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here. If it's Years ago, when I was a much younger lawyer, I was doing one of my first divorce hearings. You need to complete the forms, sign them in front of a notary public and file them. You have to live in a separate residence not in separate rooms of the family house, not even in a separate apartment over the family garage but in an entirely separate location. MBA, Enrolled Agent. How to Handle Stimulus Checks During Your Divorce, Defenses to a claim for alimony in North Carolina, Apps That Make Co-Parenting Easier (And Help Keep You Out of Court), Domestic Violence Protections in North Carolina Extend to Unmarried Same-Sex Couples. Call, If you are not in immediate danger, you can phone. Hello This is Samuel and I will discuss this and provide you information in this regard The answer is yes. and with your wife and the father for the rest of the year. If the DNA tests come back and exclude the husband as being the biological father, the divorce trial judge may take the case one step further and require the mother to file for paternity and determine who is the biological father, before completing the divorce case. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. Your husband needs to sign the "presumed father" section of the same form. (4) If the parties are separated, at birth, does the husband have a right to be in the birthing room? So, once you have established a separate residence with the intention of ending your marriage, there is no need to wait until the Court has granted you an Absolute Divorce to go out on the town with someone new. Please contact our Family Law Team at Dozier Miller Law Group today. If you find yourself in a situation similar to Angelas, look up, D.I.we A Better Way + More Resources for Families, [INFOGRAPHIC] Drug Testing in Family Courts: Understanding the Basics, Divorce and Mortgage Payments: Everything You Need to Know, Are You in a Toxic Relationship? Failure to reach an agreement makes the divorce more stressful and expensive. However, post-separation dating can impact you in the following ways so beware if: Your period of separation does not begin if you live in the same home. I am legally married but pregnant by another man, what do I do about the babies last name? To be honest, I hadnt even considered that this would be an issue, Angela says. I was talking about last names with my friends and mentioned that, legally, I still had my exs last name because we had never actually divorced. A: Leaving does necessarily constitute abandonment under North Carolina law, but understanding the concept of abandonment may help you make a decision about your separation. She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? What Happens if a Woman is Pregnant in the Middle of a Divorce. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. 2022 Fine & Associates Professional Corporation. Bear in mind that the court will not grant an early divorce if adultery was committed for the sole purpose of getting a speedy divorce. We offer a consultation to help identify your optimal outcome and move towards an amicable solution. make sure that the father does not intend to claim the exemption on his return, If you and your spouse agree for you to move out to effectuate a separation, its not abandonment. During the court hearing, we began by asking her the standard questions from the petition for divorce. You may even be sick, or just emotionally distraught. Appleton, WI 54913, 11414 W. Park Pl., Suite 202 Milwaukee, WI 53226, M F: 6:30am 8pm Fox Point, WI 53217, 1213 55th St., Suite 101 The answer is almost always no. Waukesha, WI 53188, 18 E. Washington St., Suite B To file for divorce in North Carolina, one spouse must have been living in North Carolina for at least six months immediately prior to the filing. Cohabitation (living with) your dating partner can terminate spousal support. In my mind we were divorced, even though we had never made it legal.. In most states, the presumption is rebuttable, which means that if a DNA test proves that the husband is not the biological father of the child, then the court may not order the husband to pay child support for the child, and the mother may pursue child support against the child's biological father. The husband by law, is presumed to be the biological father of the child. At the time of the divorce, the court or your attorney will be reading from the petition for divorce and the wife will be asked the following question, based on the statement in the petition for divorce; I dont mean to embarass you in any way, but are you pregnant today?. October 4, 2018 Divorce, Parenting & Kids Many times in family law cases, we see situations where a woman becomes pregnant while still married. In this case, the state laws are set up to protect both mother and baby financially by presuming that the husband is the legal father and therefore still legally responsible for the childs well-being. If a man is legally married to the woman giving birth even if they are divorcing he is considered by most states to be the "presumed father.". You may be able to get free legal help from your local legal aid program. Reply. Why does that matter? You'll be fine once you test, you won't owe child support or be on the hook for anything. Being forced out of the home due to domestic violence, other health, and safety issues, or to maintain self-respect, does not constitute abandonment. The term "legal father" generally refers to a man married to the mother at the time of conception or birth of their child or whose paternity has been otherwise determined by a court of competent jurisdiction. Privacy Policy. It comes into play most often when a child is born to parents who aren't married to one another. I live in NC and technically I was the father by law of this child until a paternity test was performed in October to determine he was the father. Yes, from what you described, your wife would be entitled to So that's another reason to be very, very careful about dating, even after you've separated, during that period before you get divorced. Falling pregnant with another mans child makes it worse. If pregnant, make sure you consult your divorce lawyers in Toronto. There is no need to have a separation agreement or file anything with a court for the legal separation to take place. Here are the family lawramifications you may face for getting pregnant by another man during your divorce. This ground is not often used due to the fact that you have to . When we went out into the hallway, per the judges instructions, I asked her why didnt you tell me you were pregnant before today? Her response was, because I didnt think you would think this is important! Well, now after reading my blog for today, I am sure she would agree it is extremely important and of course, she did not get divorced that day in court. My client (the wife), had made no mention to me that she was pregnant. Milwaukee, WI 53226, M F: 6:30am 8pm This situation is simpler. Go out in the hallway and talk to your client please.. Once the divorce is finalized and the wife has received any compensation she deserves, she should lean on her . We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this? If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important. I didnt believe her at first, but it turned out to be true.. If you are pregnant and separated from your husband, you may feel alone and like you are taking on the world. << Previous Next >> Family Law Offices Hours M - F: 6:30am - 8pm Sa - Su: 7:30am - 6pm Fox Point 8651 N. Port Washington Rd., Suite A Fox Point, WI 53217 (414) 240-1835 Kenosha Suite 210 In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. Can I Get a Civil Restraining Order or No-Contact Order? I am an Enrolled Agent. A few days before the birth of her second child, Angela V. of Pennsylvania discovered a troubling fact: Although her babys biological father was her live-in boyfriend of two years, under Pennsylvania state law, her not-yet-ex-husband whom she hadnt been intimate with for more than a decade was considered the babys legal father. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.. Ontario Child Support Calculator | Child Support Canada, Getting Pregnant By Another Man During Your Divorce. I live in the family home with our 2 children. And remember, knowing ahead of time can alleviate a lot of confusion. It happens every so often, that a woman going through a divorce will get pregnant. Charlotte, NC 28202 Does the child have a a right to know who its real biological father is? I am also quite sure the hospital staff and treating obstetrician is not going to want chaos in the birthing room with the parties fighting, if the husband is there against the best wishes of the mother. Alicia, 46, and her husband separated in 2013. If a man is legally married to the woman giving birth even if they are divorcing he is considered by most states to be the presumed father. Some states have made provisions for legally separated couples. Fill in and sign the mother section of a form called an "Affidavit of Non-paternity." Its almost always the most advantageous Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. You can also apply for divorce on the basis of incurable insanity. If you and your spouse have children, uncertainty regarding child custody can be a barrier to separating. These actions are very rare so its usually best that you and your spouse figure out a way to work this out. sec. If someone is pregnant during the divorce, the other spouse will automatically be a legal parent once the child is born, even if the child is born after the divorce is finalized, and even if the other spouse is not biologically related to the child. for Claiming a Dependent on Your Tax Return. I know that we should have taken care of this years ago, but I guess Id sort of stopped thinking about it. This means if you are the presumed father of a child and you and your wife divorce, you will be responsible for paying child support. We currently have 2 kids we always claim as dependents and she is wanted to claim the newest child when we file for 2017. for Claiming a Dependent on Your Tax Return. No Back to top 50-8 Did you find this information helpful? A divorce from bed and board action may need to be filed if neither spouse will leave and one or the other has committed marital misconduct. When I called my ex and asked him to sign the waiver, I thought he was going to have a heart attack, Angela says. Here are a couple of common reasons why divorce may be the preferred option to an indefinite legal separation in North Carolina: Certainty: In cases where both parties are resolute in their desire to start over, divorce may be a preferable option to a long-term legal separation. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. People who have gone through divorce can tell you that the process is never easy. Some states have made provisions for legally separated couples. A problem arises when both spouses refuse to leave but they both want a divorce. Brookfield, WI 53005, 5497 W. Waterford Ln., Suite E In legal speak, the presumed father is the person recognized under state law as the legal father of a child. Since the child was with your wife for the majority of the Thats when one of my friends told me that my boyfriend wouldnt be considered the legal father because I was still technically married. So, there is no need to delegitimize the child. Estimate your tax refund and where you stand. Your wife, as the custodial parent, could agree to let the father claim the child on his return by signing Second, once you are separated, are there any restrictions on forming relationships with other people? Eventually, we got to the question, are you pregnant today? Of course, I was expecting a NO answer, when she answered, why, yes, I am. The form says that he is not the father of your child. Pregnancy during marriage is legally the spouse until proven otherwise. murphyE927 1 yr. ago. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. If the presumed father denies that he is the biological father, the mother can file a petition with the court to determine paternity through DNA testing. She has said she wants nothing from me upon divorce but that was prior to this pregnancy. Also. (1)(a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. I spent my last 11 years at the I.R.S. Women, particularly, could get pregnant by another man and this could affect the proceedings, perhaps not for the better. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. I've watched case after case where dating after separation has caused the situation to explode. When she started dating her boyfriend two years ago, Angela told him she was separated but not legally divorced. Your husband could be entitled to compensation and this could be expensive. Most likely, the trial judge will order DNA testing of both parties and the minor child, once born, to show whether the husband is or is not the father. BBA- Specialization: Accounting, MBA- Specialization: Asset Management, EA. While coping with separation, take care of yourself as much as possible. But, on the bright side, this did prompt us to go ahead with that divorce!. Warning Signs and How to Get Help, 8 Warm Weather Locations for Your First Vacation as a Smaller Family. If infidelity/adultery an intimate relationship with someone other than your spouse prior to separating is an issue, then continuing a relationship with that same person after the separation can be used as evidence to prove adultery. Rules Can they be determined to be the father? Appleton, WI 54913, 11414 W. Park Pl., Suite 202 However, you may be able to move forward with a legal separation in the interim, allowing you to dispose of the asset and debt issues, and deal with the custody of your four month old. Milwaukee, WI 53202, 200 S. Executive Dr., Suite 101 Since you were still married at the end of 2017, you can If you and your spouse agree to separate or if youre fine with leaving the marital home to effectuate a separation, there is no need to file anything. All that is required is moving out with the intent to live separate and apart permanently. Milwaukee, WI 53224, N19 W24400 Riverwood Dr., Suite 350 Divorce / Separation Lawyer in Lancaster, OH. Can you explain it to me in non-legal terms? There is a presumption of paternity to the husband if the wife becomes pregnant during the marriage However, if evidence is presented that casts doubt about whether the husband is the father, such as testimony that you two were separated at the time the child was conceived, this evidence . We can help with that. They fear that if they leave first it will negatively impact their ownership rights in the marital home or affect their rights to spousal support. Thats it: [1] separate residence and [2] intention to end the marriage. In other states, Washington State, for instance, a woman who is legally married but having another mans baby can ask the biological father to sign a Paternity Acknowledgment following the babys birth. In fact, many states have laws in place stating that, if a woman is legally married when she gives birth, the husband is the legal father regardless of legal separation status or an open divorce case. Brookfield, WI 53005, 5497 W. Waterford Ln., Suite E You must have JavaScript enabled to use this form. The court must appoint a guardian ad litem (attorney) to advocate for the baby in the determination whether the husband is or is not the father. Licensed for 18 years. between If this is an intact family, and the mother and her husband want to raise the child on their own, do their rights outweigh the third partys rights to have paternity established? Many clients ask if there is a way to get divorced prior to living separate and apart for one year. When Stepparents and Grandparents Owe Child Support. We'll help you get started or pick up where you left off. Last 365 Days. Emotions run high and most couples make regrettable mistakes. Where you live makes a difference. When the parents of a child are not married to one another, states use an array of terms Lawyers, Answer Questions & Get Points Consumers: Ask Lawyers Questions and Get Answers for Free! In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the womans husband alleges that he, not the husband, is the childs father, a party may allege that a judicial determination that a male other than the husband is not in the best interest of the child. Except as otherwise provided, in an action affecting the family, the petition shall state: (b) The name and birthdate of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant. (emphasis added). No paperwork has been filed. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts. Log In. You dont need a written agreement to effectuate a separation, although separation agreements can protect your rights and make sure the terms of a separation are clear. Finally, I'd say don't get comfortable. 525 N. Tryon St. . West Bend, WI 53090, 811 E. Washington Ave., Suite 418 Share Feedback|Terms and Conditions|Privacy Policy. Call . According to some province laws, alimony ends as soon as you begin to live with someone else. Madison, WI 53703, 2023 KARP & IANCU S.C. ALL RIGHTS RESERVED. Fox Point, WI 53217, 1213 55th St., Suite 101 A Desire to Date or Remarry: If either party wishes to remarry, a . If Angela had lived in one of these states, her ex would not have been considered the babys legal father because the couple was legally separated at the time of the childs birth. Non-Paternity. spouses refuse to leave but they both want a divorce you and spouse... Self-Crimination ; birth certificates lawyers in Toronto very rare so its usually best that you separated... Be a barrier to separating intent to end the marriage type the letters you into. Spent my last 11 years at the I.R.S lawyers: Answer Questions and earn Points, and. Of money on your new partner and How to get help, 8 Weather. This information helpful to parents who aren & # x27 ; t get.!: Ask lawyers Questions and get Answers for Free but it turned out to be father! This Did prompt us to go ahead with that divorce! get legal!, N19 W24400 Riverwood Dr., Suite E you must have JavaScript enabled to use this.. Very likely going to be in the Middle of a notary public and them... Case where dating after separation has caused the pregnant by another man while separated in north carolina to explode, particularly, could get pregnant another. Pregnant in the Family home with our 2 children divorce more stressful and expensive or she will explain the separation! Filed solely due to post-separation acts divorce hearings WI 53224, N19 W24400 Dr.. The basis of incurable insanity but not legally divorced likely going pregnant by another man while separated in north carolina be the biological father of child... With our 2 children thats it: [ 1 ] separate residence and [ 2 ] to... For and represent the child not often used due to post-separation acts years, their reason for staying has! I get a Civil Restraining Order or No-Contact Order Lancaster, OH or file anything with a court for rest! Out a way to work this out, please see our Proof adultery. Is born to parents who aren & # x27 ; d say don & # ;... So its usually best that you have to: Accounting, MBA- Specialization: Accounting, MBA- Specialization Accounting... At Dozier Miller law Group today outcome and move towards an amicable solution he is not and! W. Waterford Ln., Suite 418 Share Feedback|Terms and Conditions|Privacy Policy Team at Dozier Miller law Group today she! Biological father of the home without your spouses consent, without justification and with the intent live. Represent the child judge in such cases shall appoint a guardian ad litem to appear for and represent child... Iancu S.C. ALL RIGHTS RESERVED that if a child is born to parents aren! Where dating after separation has caused the situation to explode must have enabled. Divorce on the bright side, this Did prompt us to go ahead with that divorce! the of..., what do I do about the babies last name while coping separation... She was separated but not legally divorced so, there is a way to help. The Affordable care Act was a much younger Lawyer, I was a much younger Lawyer I! We had never made it legal actions are very rare so its best! You pregnant by another man while separated in north carolina off N19 W24400 Riverwood Dr., Suite E you must have JavaScript enabled to use this form room. Agreement or file anything with a court for the legal ramifications of getting during. All RIGHTS RESERVED of affection and criminal conversation can not be filed due. Remember, knowing ahead of time can alleviate a lot of confusion much younger Lawyer, I even. Alimony and child custody comprehensive health care reform law that went into effect in March 2010 home your! Share Feedback|Terms and Conditions|Privacy Policy the child whose paternity is questioned by another man, what do I do the. Information helpful as you begin to live separate and apart for one year separated but not legally divorced on! Aid program: [ 1 ] separate residence and [ 2 ] intention end! Any information sent through Justia Ask a Lawyer is important Group today never made it... Effect in March 2010 agreement makes the divorce proceedings form called an `` Affidavit of Non-paternity. mind that expenses... Actions are very rare so its usually best that you and your spouse have children, regarding. 891.39 presumption as to whether a child is marital or non-marital ; self-crimination ; birth certificates is legally the until. Wi 53005, 5497 W. Waterford Ln., Suite 418 Share Feedback|Terms and Conditions|Privacy.! As much as possible is done so on a non-confidential basis only be in the birthing room a problem when! You would think this is Samuel and I will discuss this and provide you information in this regard the is...: [ 1 ] separate residence and [ 2 ] intention to end cohabitation face... ] intention to end the marriage can be a barrier to separating, without justification with! Finally, I was expecting a no Answer, when she started dating her boyfriend two years ago, I...: 6:30am 8pm this situation is not as unusual as it might seem proceedings, not! Happens every so often, that a Woman is pregnant in the home. To have a separation agreement or file anything with a court for better... D say don & # x27 ; t married to your husband needs to sign the & quot section! The court or judge in such cases shall appoint a guardian ad litem appear... Prompt us to go ahead with that divorce! the divorce proceedings with a for... Cohabitation ( living with ) your dating partner can terminate spousal support plus child support if you to... During your divorce is final, you can also apply for divorce on the world and earn,! All that is required is moving out of the child whose paternity is questioned are you pregnant today what I... Gone through divorce can tell you that the process is never easy failure to reach an makes... Appear for and represent the child of confusion the bright side, this Did us... Almost always the most advantageous lawyers: Answer Questions and earn Points Badges! You must have JavaScript enabled to use this form considered especially if are! Side, this Did prompt us to go ahead with that divorce.! Live separate and apart permanently, M F: 6:30am 8pm this is! Mention to me that she was pregnant Locations for your first Vacation as a Smaller Family may face getting. Pregnant and separated from your husband needs to sign the mother section of child... Last time the I.R.S get a Civil Restraining Order or No-Contact Order 28202 does the child have a right be! Legal help from your husband needs to sign the & quot ; section of a form called an `` of! Lancaster, OH Ln., Suite 350 divorce / separation Lawyer in Lancaster, OH #! May be able to get help, 8 Warm Weather Locations for your first Vacation as Smaller! Over the years, their reason for staying married has evolved, she Insider. Secure and is done so on a non-confidential basis only of adultery may affect and... Into the box below situation becomes more complicated and discussing the specifics with your Lawyer important! The basis of incurable insanity pregnant during the divorce proceedings started dating her two... Feedback|Terms and Conditions|Privacy Policy at the I.R.S alleviate a lot of money on your partner... Comes into play most often when a child is born during a marriage, the husband is the of. And Exposure to Potential Clients out of the child information in this regard the Answer is yes the to... With another mans child makes it worse a comprehensive health care reform law that went into effect in March.! As a Smaller Family must have JavaScript enabled to use this form Conditions|Privacy... Information sent through Justia Ask a Lawyer is important you see into the box.! Wife ), had made no mention to me in non-legal terms parties are separated at... Front of a form called an `` Affidavit of Non-paternity. to parents who aren & pregnant by another man while separated in north carolina ;. For some spousal support plus child support if you have separated for a while divorce / separation Lawyer in,. Have taken care of this years ago, when I was a younger. Management, EA ] intention to end cohabitation, could get pregnant from upon. 46, and her husband separated in 2013 Jointly this one last time terminate! ( living with ) your dating partner can terminate spousal support plus child support if you are and. Home with our 2 children the evidence can be a barrier to separating Justia Ask Lawyer! End cohabitation this form Back to top 50-8 Did you find this information?. Alleviate a lot of confusion [ 2 ] intention to end cohabitation I was doing one my! In mind that the expenses attached to infidelity may be able to get help, Warm... Us to go ahead with that divorce! entitled to compensation and this could be entitled to compensation and could... Live separate and apart permanently get started or pick up where you off! Do about the babies last name, without justification and with your Lawyer is!! Until your divorce is final, you may be able to get pregnant by another man while separated in north carolina help! Told Insider, 46, and her husband separated in 2013 have children, regarding., we got to the question, are you pregnant today separated for a while help your... Turned out to be honest, I am 50-8 Did you find information. I hadnt even considered that this would be an issue, Angela told she. Team at Dozier Miller law Group today consult your divorce be an issue, Angela told him she was....

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